SECTION 504 ACCOMMODATIONS AND YOUR LEGAL OBLIGATION

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SECTION 504 ACCOMMODATIONS AND YOUR LEGAL
OBLIGATION

• David Velasquez
• District Section 504 Coordinator
• August 25, 2005

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SESSIONS OBJECTIVES

• Whats 504?
• What Are Accommodations?
• What Are Your Legal Obligations?
• Accountability Under PDAS?

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WHATS SECTION 504?
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Rehabilitation Act of 1973504 Statute

• Section 504 refers to a section of the
  Rehabilitation Act of 1973, an anti-discrimination
  law that provides protection to people who are
  handicapped, or disabled.

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Rehabilitation Act of 1973504 Statute

No otherwise qualified individual with a
disabilityshall, solely by reason of her/his
disability
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Rehabilitation Act of 1973504 Statute
Be excluded from the participation in Be denied
the benefits of, or Be subjected to
discrimination Under any program or activity
receiving federal financial assistance.

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Rehabilitation Act of 1973504 Statute

The Department of Educations Office for Civil
Rights (OCR) enforces this statute. 29 U.S.C.
Section 794 (a), 1973.
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Rehabilitation Act of 1973504 Statute
Eligibility Students who currently suffer from
an impairment that substantially limits learning
or another major life activity are eligible for
referral, evaluation, and educational services
under 504.
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Rehabilitation Act of 1973504 Statute

• Major Life Activities

Seeing
Hearing
Walking
Breathing
Learning
Manual Tasks
Working
Caring for Oneself
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WHAT ARE ACCOMMODATIONS?
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WHAT ARE ACCOMMODATIONS?
These are modifications to the mode of
instruction/classroom that would allow a disabled
student to have equal access to an education in
order to take advantage of FAPE (free and
appropriate public education)
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TYPES OF ACCOMMODATIONS

• SIZE
• TIME
• LEVEL OF SUPPORT
• INPUT
• DIFFICULTY
• OUTPUT

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EXAMPLES

• Accommodations and modifications
• that may be used, but are not limited to,
• include

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EXAMPLES

• Highlighted textbooks Oral tests
• Peer assistance with note-taking Enlarged print
• Extra set of books for home use Frequent
  feedback
• Positive reinforcements Individual contracts
• Preferred seating assignments Visual aids
• Extended time on tests
• or assignments

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INAPPROPRIATE ACCOMMODATIONS

• SUBSTITUTING OR WATERING
• DOWN THE CURRICULUM IS
• NOT THE INTENT OF THE
• SECTION 504 LAW AND IS A
• DISSERVICE TO THE STUDENT

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UISDS 504 ACCOMMODATION PLAN

• SAMPLE FORM
• SHOULD BE RECEIVED DAY 1 OF EVERY SEMESTER
• A LEGAL DOCUMENT

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WHAT ARE YOUR LEGAL OBLIGATIONS?
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504 ACCOMMODATIONS

• CONSTITUTE A CIVIL RIGHT
• ENFORCED BY OFFICE OF CIVIL RIGHTS (OCR)
• SCHOOLS CAN LOSE FEDERAL FUNDING
• TEACHERS ARE PERSONALLY LIABLE

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THE QUALIFIED IMMUNITY DEFENSE

• GOVERNMENTAL ENTITIES/EMPLOYEES PROTECTED UNDER
  SOVEREIGN IMMUNITY PROVISIONS
• THE QUALIFIED IMMUNITY DEFENSE

--David M. Richards
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42 UNITED STATES CODE SECTION 1983

• MAKES EMPLOYEES PERSONALLY
• LIABLE WHEN...
• CONSTITUTIONAL RIGHT IS VIOLATED
• A FEDERAL LAW EXISTS PROTECTING SUCH RIGHT
• IGNORANCE OF LAW IS NOT A DEFENSE

--David M. Richards
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ACCOUNTABILITY UNDER PDAS?
TEXAS PROFESSIONAL DEVELOPMENT AND APPRAISAL
SYSTEM
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Domain VII Compliance with Policies, Operating
Procedures and Requirements
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Domain VII Compliance with Policies, Operating
Procedures and Requirements
The teacher complies with all policies,
operating procedures, and legal requirements
(national, state, district, and campus). The
teacher participates in the development of
operating procedures and offers suggestions for
improvement.
PDAS Evaluation Criteria 1
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Domain VII Compliance with Policies, Operating
Procedures and Requirements
The teacher complies with all verbal and written
directives, participates in the development of
operating procedures, and offers suggestions for
improvement
PDAS Evaluation Criteria 2
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Domain VIII Improvement of Academic Performance
of All Students on the Campus
The teacher works with teachers, counselors, and
other school professionals to seek information to
identify and assess the needs of assigned
students in at-risk situations.
PDAS Evaluation Criteria 7
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Domain VIII Improvement of Academic Performance
of All Students on the Campus
The teacher meets with parents and/or teachers
of students who are failing or in danger of
failing to develop an appropriate plan for
intervention.
PDAS Evaluation Criteria 8
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Domain VIII Improvement of Academic Performance
of All Students on the Campus
The teacher participates in and/or contributes
to campus-wide programs to modify and adapt
classroom materials and/or instruction for
students in at-risk situations.
PDAS Evaluation Criteria 9
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THE END
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REFERENCES

• THE REHABILITATION ACT OF 1973
• PDAS IMPLEMENTATION MANUAL FOR APPRAISERS AND
  TEACHERS
• US DEPT. OF EDUCATION
• TEXAS SCHOOL LAW OVERVIEWDAVID M. RICHARDS